[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1335 Reported in House (RH)]

                                                  Union Calendar No. 82
114th CONGRESS
  1st Session
                                H. R. 1335

                          [Report No. 114-116]

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
     to provide flexibility for fishery managers and stability for 
                   fishermen, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2015

 Mr. Young of Alaska (for himself, Mr. Bishop of Utah, Mrs. Radewagen, 
and Mr. Byrne) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                              May 15, 2015

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                4, 2015]


_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
     to provide flexibility for fishery managers and stability for 
                   fishermen, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Fishing Communities 
and Increasing Flexibility in Fisheries Management Act''.

SEC. 2. DEFINITIONS.

    In this Act, any term used that is defined in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1802) shall have the same meaning such term has under that section.

SEC. 3. REFERENCES.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a provision, the reference shall be considered to be made to a 
provision of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.).

SEC. 4. FLEXIBILITY IN REBUILDING FISH STOCKS.

    (a) General Requirements.--Section 304(e) (16 U.S.C. 1854(e)) is 
amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A)(i), by striking 
                ``possible'' and inserting ``practicable'';
                    (B) by amending subparagraph (A)(ii) to read as 
                follows:
                            ``(ii) may not exceed the time the stock 
                        would be rebuilt without fishing occurring plus 
                        one mean generation, except in a case in 
                        which--
                                    ``(I) the biology of the stock of 
                                fish, other environmental conditions, 
                                or management measures under an 
                                international agreement in which the 
                                United States participates dictate 
                                otherwise;
                                    ``(II) the Secretary determines 
                                that the cause of the stock being 
                                depleted is outside the jurisdiction of 
                                the Council or the rebuilding program 
                                cannot be effective only by limiting 
                                fishing activities;
                                    ``(III) the Secretary determines 
                                that one or more components of a mixed-
                                stock fishery is depleted but cannot be 
                                rebuilt within that time- frame without 
                                significant economic harm to the 
                                fishery, or cannot be rebuilt without 
                                causing another component of the mixed-
                                stock fishery to approach a depleted 
                                status;
                                    ``(IV) the Secretary determines 
                                that recruitment, distribution, or life 
                                history of, or fishing activities for, 
                                the stock are affected by informal 
                                transboundary agreements under which 
                                management activities outside the 
                                exclusive economic zone by another 
                                country may hinder conservation and 
                                management efforts by United States 
                                fishermen; and
                                    ``(V) the Secretary determines that 
                                the stock has been affected by unusual 
                                events that make rebuilding within the 
                                specified time period improbable 
                                without significant economic harm to 
                                fishing communities;'';
                    (C) by striking ``and'' after the semicolon at the 
                end of subparagraph (B), by redesignating subparagraphs 
                (B) and (C) as subparagraphs (C) and (D), and by 
                inserting after subparagraph (A) the following:
                    ``(B) take into account environmental condition 
                including predator/prey relationships;''; and
                    (D) by striking the period at the end of 
                subparagraph (D) (as so redesignated) and inserting ``; 
                and'', and by adding at the end the following:
                    ``(E) specify a schedule for reviewing the 
                rebuilding targets, evaluating environmental impacts on 
                rebuilding progress, and evaluating progress being made 
                toward reaching rebuilding targets.''; and
            (2) by adding at the end the following:
            ``(8) A fishery management plan, plan amendment, or 
        proposed regulations may use alternative rebuilding strategies, 
        including harvest control rules and fishing mortality-rate 
        targets to the extent they are in compliance with the 
        requirements of this Act.
            ``(9) A Council may terminate the application of paragraph 
        (3) to a fishery if the Council's scientific and statistical 
        committee determines and the Secretary concurs that the 
        original determination that the fishery was depleted was 
        erroneous, either--
                    ``(A) within the 2-year period beginning on the 
                effective date a fishery management plan, plan 
                amendment, or proposed regulation for a fishery under 
                this subsection takes effect; or
                    ``(B) within 90 days after the completion of the 
                next stock assessment after such determination.''.
    (b) Emergency Regulations and Interim Measures.--Section 
305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 
days after'' and all that follows through ``provided'' and inserting 
``1 year after the date of publication, and may be extended by 
publication in the Federal Register for one additional period of not 
more than 1 year, if''.

SEC. 5. MODIFICATIONS TO THE ANNUAL CATCH LIMIT REQUIREMENT.

    Section 302 (16 U.S.C. 1852) is amended by adding at the end the 
following:
    ``(m) Considerations for Modifications to Annual Catch Limit 
Requirements.--
            ``(1) Consideration of ecosystem and economic impacts.--In 
        establishing annual catch limits a Council may, consistent with 
        section 302(h)(6), consider changes in an ecosystem and the 
        economic needs of the fishing communities.
            ``(2) Limitations to annual catch limit requirement for 
        special fisheries.--Notwithstanding subsection (h)(6), a 
        Council is not required to develop an annual catch limit for--
                    ``(A) an ecosystem component species;
                    ``(B) a fishery for a species that has a life cycle 
                of approximately 1 year, unless the Secretary has 
                determined the fishery is subject to overfishing; or
                    ``(C) a stock for which--
                            ``(i) more than half of a single-year class 
                        will complete their life cycle in less than 18 
                        months; and
                            ``(ii) fishing mortality will have little 
                        impact on the stock.
            ``(3) Relationship to international fishery efforts.--Each 
        annual catch limit may, consistent with section 302(h)(6), take 
        into account--
                    ``(A) management measures under international 
                agreements in which the United States participates;
                    ``(B) informal transboundary agreements under which 
                fishery management activities by another country 
                outside the exclusive economic zone may hinder 
                conservation efforts by United States fishermen for a 
                fish species for which any of the recruitment, 
                distribution, life history, or fishing activities are 
                transboundary; and
                    ``(C) in instances in which no transboundary 
                agreement exists, activities by another country outside 
                the exclusive economic zone that may hinder 
                conservation efforts by United States fisherman for a 
                fish species for which any of the recruitment, 
                distribution, life history, or fishing activities are 
                transboundary.
            ``(4) Authorization for multispecies complexes and 
        multiyear annual catch limits.--For purposes of subsection 
        (h)(6), a Council may establish--
                    ``(A) an annual catch limit for a stock complex; or
                    ``(B) annual catch limits for each year in any 
                continuous period that is not more than three years in 
                duration.
            ``(5) Ecosystem component species defined.--In this 
        subsection the term `ecosystem component species' means a stock 
        of fish that is a nontarget, incidentally harvested stock of 
        fish in a fishery, or a nontarget, incidentally harvested stock 
        of fish that a Council or the Secretary has determined--
                    ``(A) is not subject to overfishing, approaching a 
                depleted condition or depleted; and
                    ``(B) is not likely to become subject to 
                overfishing or depleted in the absence of conservation 
                and management measures.''.

SEC. 6. DISTINGUISHING BETWEEN OVERFISHED AND DEPLETED.

    (a) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
            (1) in paragraph (34), by striking ``The terms 
        `overfishing' and `overfished' mean'' and inserting ``The term 
        `overfishing' means''; and
            (2) by inserting after paragraph (8) the following:
            ``(8a) The term `depleted' means, with respect to a stock 
        of fish or stock complex, that the stock or stock complex has a 
        biomass that has declined below a level that jeopardizes the 
        capacity of the stock or stock complex to produce maximum 
        sustainable yield on a continuing basis.''.
    (b) Substitution of Term.--The Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended--
            (1) in the heading of section 304(e), by striking 
        ``Overfished'' and inserting ``Depleted''; and
            (2) by striking ``overfished'' each place it appears and 
        inserting ``depleted''.
    (c) Clarity in Annual Report.--Section 304(e)(1) (16 U.S.C. 
1854(e)(1)) is amended by adding at the end the following: ``The report 
shall distinguish between fisheries that are depleted (or approaching 
that condition) as a result of fishing and fisheries that are depleted 
(or approaching that condition) as a result of factors other than 
fishing. The report shall state, for each fishery identified as 
depleted or approaching that condition, whether the fishery is the 
target of directed fishing.''.

SEC. 7. TRANSPARENCY AND PUBLIC PROCESS.

    (a) Advice.--Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is 
amended by adding at the end the following: ``Each scientific and 
statistical committee shall develop such advice in a transparent manner 
and allow for public involvement in the process.''.
    (b) Meetings.--Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended 
by adding at the end the following:
            ``(G) Each Council shall make available on the Internet Web 
        site of the Council--
                    ``(i) to the extent practicable, a Webcast, an 
                audio recording, or a live broadcast of each meeting of 
                the Council, and of the Council Coordination Committee 
                established under subsection (l), that is not closed in 
                accordance with paragraph (3); and
                    ``(ii) audio, video (if the meeting was in person 
                or by video conference), or a searchable audio or 
                written transcript of each meeting of the Council and 
                of the meetings of committees referred to in section 
                302(g)(1)(B) of the Council by not later than 30 days 
                after the conclusion of the meeting.
            ``(H) The Secretary shall maintain and make available to 
        the public an archive of Council and scientific and statistical 
        committee meeting audios, videos, and transcripts made 
        available under clauses (i) and (ii) of subparagraph (G).''.
    (c) Fishery Impact Statements.--
            (1) Requirement.--Section 303 (16 U.S.C. 1853) is amended--
                    (A) in subsection (a), by striking paragraph (9) 
                and redesignating paragraphs (10) through (15) as 
                paragraphs (9) through (14), respectively; and
                    (B) by adding at the end the following:
    ``(d) Fishery Impact Statement.--
            ``(1) Any fishery management plan (or fishery management 
        plan amendment) prepared by any Council or by the Secretary 
        pursuant to subsection (a) or (b), or proposed regulations 
        deemed necessary pursuant to subsection (c), shall include a 
        fishery impact statement which shall assess, specify and 
        analyze the likely effects and impact of the proposed action on 
        the quality of the human environment.
            ``(2) The fishery impact statement shall describe--
                    ``(A) a purpose of the proposed action;
                    ``(B) the environmental impact of the proposed 
                action;
                    ``(C) any adverse environmental effects which 
                cannot be avoided should the proposed action be 
                implemented;
                    ``(D) a reasonable range of alternatives to the 
                proposed action;
                    ``(E) the relationship between short-term use of 
                fishery resources and the enhancement of long-term 
                productivity;
                    ``(F) the cumulative conservation and management 
                effects; and
                    ``(G) economic, and social impacts of the proposed 
                action on--
                            ``(i) participants in the fisheries and 
                        fishing communities affected by the proposed 
                        action;
                            ``(ii) participants in the fisheries 
                        conducted in adjacent areas under the authority 
                        of another Council, after consultation with 
                        such Council and representatives of those 
                        participants; and
                            ``(iii) the safety of human life at sea, 
                        including whether and to what extent such 
                        measures may affect the safety of participants 
                        in the fishery.
            ``(3) A substantially complete fishery impact statement, 
        which may be in draft form, shall be available not less than 14 
        days before the beginning of the meeting at which a Council 
        makes its final decision on the proposal (for plans, plan 
        amendments, or proposed regulations prepared by a Council 
        pursuant to subsection (a) or (c)). Availability of this 
        fishery impact statement will be announced by the methods used 
        by the council to disseminate public information and the public 
        and relevant government agencies will be invited to comment on 
        the fishery impact statement.
            ``(4) The completed fishery impact statement shall 
        accompany the transmittal of a fishery management plan or plan 
        amendment as specified in section 304(a), as well as the 
        transmittal of proposed regulations as specified in section 
        304(b).
            ``(5) The Councils shall, subject to approval by the 
        Secretary, establish criteria to determine actions or classes 
        of action of minor significance regarding subparagraphs (A), 
        (B), (D), (E), and (F) of paragraph (2), for which preparation 
        of a fishery impact statement is unnecessary and categorically 
        excluded from the requirements of this section, and the 
        documentation required to establish the exclusion.
            ``(6) The Councils shall, subject to approval by the 
        Secretary, prepare procedures for compliance with this section 
        that provide for timely, clear, and concise analysis that is 
        useful to decisionmakers and the public, reduce extraneous 
        paperwork and effectively involve the public, including--
                    ``(A) using Council meetings to determine the scope 
                of issues to be addressed and identifying significant 
                issues related to the proposed action;
                    ``(B) integration of the fishery impact statement 
                development process with preliminary and final Council 
                decisionmaking in a manner that provides opportunity 
                for comment from the public and relevant government 
                agencies prior to these decision points; and
                    ``(C) providing scientific, technical, and legal 
                advice at an early stage of the development of the 
                fishery impact statement to ensure timely transmittal 
                and Secretarial review of the proposed fishery 
                management plan, plan amendment, or regulations to the 
                Secretary.
            ``(7) Actions taken in accordance with this section are 
        deemed to fulfill the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        all related implementing regulations.''.
            (2) Evaluation of adequacy.--Section 304(a)(2) (16 U.S.C. 
        1854(a)(2)) is amended by striking ``and'' after the semicolon 
        at the end of subparagraph (B), striking the period at the end 
        of subparagraph (C) and inserting ``; and'', and by adding at 
        the end the following:
                    ``(D) evaluate the adequacy of the accompanying 
                fishery impact statement as basis for fully considering 
                the environmental impacts of implementing the fishery 
                management plan or plan amendment.''.
            (3) Review of regulations.--Section 304(b) (16 U.S.C. 
        1854(b)) is amended by striking so much as precedes 
        subparagraph (A) of paragraph (1) and inserting the following:
    ``(b) Review of Regulations.--
            ``(1) Upon transmittal by the Council to the Secretary of 
        proposed regulations prepared under section 303(c), the 
        Secretary shall immediately initiate an evaluation of the 
        proposed regulations to determine whether they are consistent 
        with the fishery management plan, plan amendment, this Act and 
        other applicable law. The Secretary shall also immediately 
        initiate an evaluation of the accompanying fishery impact 
        statement as a basis for fully considering the environmental 
        impacts of implementing the proposed regulations. Within 15 
        days of initiating such evaluation the Secretary shall make a 
        determination and--''.
            (4) Effect on time requirements.--Section 305(e) (16 U.S.C. 
        1855(e)) is amended by inserting ``the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.),'' after ``the 
        Regulatory Flexibility Act (5 U.S.C. 601 et seq.),''.

SEC. 8. LIMITATION ON FUTURE CATCH SHARE PROGRAMS.

    (a) Catch Share Defined.--Section 3 (16 U.S.C. 1802) is amended by 
inserting after paragraph (2) the following:
            ``(2a) The term `catch share' means any fishery management 
        program that allocates a specific percentage of the total 
        allowable catch for a fishery, or a specific fishing area, to 
        an individual, cooperative, community, processor, 
        representative of a commercial sector, or regional fishery 
        association established in accordance with section 303A(c)(4), 
        or other entity.''.
    (b) Catch Share Referendum Pilot Program.--
            (1) In general.--Section 303A(c)(6)(D) (16 U.S.C. 
        1853a(c)(6)(D)) is amended to read as follows:
                    ``(D) Catch share referendum pilot program.--
                            ``(i) The New England, Mid-Atlantic, South 
                        Atlantic, and Gulf of Mexico Councils may not 
                        submit a fishery management plan or amendment 
                        that creates a catch share program for a 
                        fishery, and the Secretary may not approve or 
                        implement such a plan or amendment submitted by 
                        such a Council or a secretarial plan or 
                        amendment under section 304(c) that creates 
                        such a program, unless the final program has 
                        been approved, in a referendum in accordance 
                        with this subparagraph, by a majority of the 
                        permit holders eligible to participate in the 
                        fishery. For multispecies permits in the Gulf 
                        of Mexico, any permit holder with landings from 
                        within the sector of the fishery being 
                        considered for the catch share program within 
                        the 5-year period preceding the date of the 
                        referendum and still active in fishing in the 
                        fishery shall be eligible to participate in 
                        such a referendum. If a catch share program is 
                        not approved by the requisite number of permit 
                        holders, it may be revised and submitted for 
                        approval in a subsequent referendum.
                            ``(ii) The Secretary may, at the request of 
                        the New England Fishery Management Council, 
                        allow participation in such a referendum for a 
                        fishery under the Council's authority, by 
                        fishing vessel crewmembers who derive a 
                        significant portion of their livelihood from 
                        such fishing.
                            ``(iii) The Secretary shall conduct a 
                        referendum under this subparagraph, including 
                        notifying all permit holders eligible to 
                        participate in the referendum and making 
                        available to them--
                                    ``(I) a copy of the proposed 
                                program;
                                    ``(II) an estimate of the costs of 
                                the program, including costs to 
                                participants;
                                    ``(III) an estimate of the amount 
                                of fish or percentage of quota each 
                                permit holder would be allocated; and
                                    ``(IV) information concerning the 
                                schedule, procedures, and eligibility 
                                requirements for the referendum 
                                process.
                            ``(iv) For the purposes of this 
                        subparagraph, the term `permit holder eligible 
                        to participate' only includes the holder of a 
                        permit for a fishery under which fishing has 
                        occurred in 3 of the 5 years preceding a 
                        referendum for the fishery, unless sickness, 
                        injury, or other unavoidable hardship prevented 
                        the permit holder from engaging in such 
                        fishing.
                            ``(v) The Secretary may not implement any 
                        catch share program for any fishery managed 
                        exclusively by the Secretary unless first 
                        petitioned by a majority of those permit 
                        holders eligible to participate in the 
                        fishery.''.
            (2) Limitation on application.--The amendment made by 
        paragraph (1) shall not apply to a catch share program that is 
        submitted to, or proposed by, the Secretary of Commerce before 
        the date of enactment of this Act.
            (3) Regulations.--Before conducting a referendum under the 
        amendment made by paragraph (1), the Secretary of Commerce 
        shall issue regulations implementing such amendment after 
        providing an opportunity for submission by the public of 
        comments on the regulations.

SEC. 9. REPORT ON FEE.

    Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is amended by adding at 
the end the following:
            ``(D) The Secretary shall report annually on the amount 
        collected under this paragraph from each fishery and detail how 
        the funds were spent in the prior year on a fishery-by-fishery 
        basis, to--
                    ``(i) Congress; and
                    ``(ii) each Council from whose fisheries the fee 
                under this paragraph were collected.''.

SEC. 10. DATA COLLECTION AND DATA CONFIDENTIALITY.

    (a) Electronic Monitoring.--
            (1) Issuance of regulations.--
                    (A) Requirement.--The Secretary shall issue 
                regulations governing the use of electronic monitoring 
                for the purposes of monitoring fisheries that are 
                subject to the Magnuson-Stevens Fishery Conservation 
                and Management Act (16 U.S.C. 1801 et seq.).
                    (B) Content.--The regulations shall--
                            (i) distinguish between monitoring for data 
                        collection and research purposes and monitoring 
                        for compliance and enforcement purposes; and
                            (ii) include minimum criteria, objectives, 
                        or performance standards for electronic 
                        monitoring.
                    (C) Process.--In issuing the regulations the 
                Secretary shall--
                            (i) consult with the Councils and fishery 
                        management commissions;
                            (ii) publish the proposed regulations; and
                            (iii) provide an opportunity for the 
                        submission by the public of comments on the 
                        proposed regulations.
            (2) Implementation of monitoring.--
                    (A) In general.--Subject to subparagraph (B), and 
                after the issuance of the final regulations, a Council, 
                or the Secretary for fisheries referred to in section 
                302(a)(3) of the Magnuson-Stevens Fishery Conservation 
                and Management Act (16 U.S.C. 1852(a)(3)), may, in 
                accordance with the regulations, on a fishery-by-
                fishery basis and consistent with the existing 
                objectives and management goals of a fishery management 
                plan and the Act for a fishery issued by the Council or 
                the Secretary, respectively, amend such plan--
                            (i) to incorporate electronic monitoring as 
                        an alternative tool for data collection and 
                        monitoring purposes or for compliance and 
                        enforcement purposes (or both); and
                            (ii) to allow for the replacement of a 
                        percentage of on-board observers with 
                        electronic monitoring.
                    (B) Comparability.--Subparagraph (A) shall apply to 
                a fishery only if the Council or Secretary, 
                respectively, determines that such monitoring will 
                yield comparable data collection and compliance 
                results.
            (3) Pilot projects.--Before the issuance of final 
        regulations, a Council, or the Secretary for fisheries referred 
        to in section 302(a)(3), may, subject to the requirements of 
        the Magnuson-Stevens Fishery Conservation and Management Act, 
        on a fishery-by-fishery basis, and consistent with the existing 
        objectives and management goals of a fishery management plan 
        for a fishery issued by the Council or the Secretary, 
        respectively, conduct a pilot project for the use of electronic 
        monitoring for the fishery.
            (4) Deadline.--The Secretary shall issue final regulations 
        under this subsection by not later than 12 months after the 
        date of enactment of this Act.
    (b) Video and Acoustic Survey Technologies.--The Secretary shall 
work with the Regional Fishery Management Councils and nongovernmental 
entities to develop and implement the use pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.) of video survey technologies and expanded use of acoustic survey 
technologies.
    (c) Confidentiality of Information.--
            (1) In general.--Section 402(b) (16 U.S.C. 1881a(b)) is 
        amended--
                    (A) in paragraph (1)--
                            (i) by amending subparagraph (B) to read as 
                        follows:
                    ``(B) to State or Marine Fisheries Commission 
                employees as necessary for achievement of the purposes 
                of this Act, subject to a confidentiality agreement 
                between the State or Commission, respectively, and the 
                Secretary that prohibits public disclosure of the 
                identity of any person and of confidential 
                information;'';
                            (ii) in subparagraph (E), by striking 
                        ``limited access'' and inserting ``catch 
                        share''; and
                            (iii) in subparagraph (G), by striking 
                        ``limited access'' and inserting ``catch 
                        share'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, and information obtained 
                        through a vessel monitoring system or other 
                        technology used onboard a fishing vessel for 
                        enforcement or data collection purposes,'' 
                        after ``information'';
                            (ii) by striking ``or'' after the semicolon 
                        at the end of subparagraph (B); and
                            (iii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) as authorized by any regulations issued under 
                paragraph (6) allowing the collection of observer 
                information, pursuant to a confidentiality agreement 
                between the observers, observer employers, and the 
                Secretary prohibiting disclosure of the information by 
                the observers or observer employers, in order--
                            ``(i) to allow the sharing of observer 
                        information among observers and between 
                        observers and observer employers as necessary 
                        to train and prepare observers for deployments 
                        on specific vessels; or
                            ``(ii) to validate the accuracy of the 
                        observer information collected; or
                    ``(D) to other persons if the Secretary has 
                obtained written authorization from the person who 
                submitted such information or from the person on whose 
                vessel the information was collected, to release such 
                information for reasons not otherwise provided for in 
                this subsection.'';
                    (C) by redesignating paragraph (3) as paragraph 
                (6); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) Any information submitted to the Secretary, a State 
        fisheries management agency, or a Marine Fisheries Commission 
        by any person in compliance with the requirements of this Act, 
        including confidential information, may only be used for 
        purposes of fisheries management and monitoring and enforcement 
        under this Act.
            ``(4) The Secretary may enter into a memorandum of 
        understanding with the heads of other Federal agencies for the 
        sharing of confidential information to ensure safety of life at 
        sea or for fisheries enforcement purposes, including 
        information obtained through a vessel monitoring system or 
        other electronic enforcement and monitoring systems, if--
                    ``(A) the Secretary determines there is a 
                compelling need to do so; and
                    ``(B) the heads of the other Federal agencies 
                agree--
                            ``(i) to maintain the confidentiality of 
                        the information in accordance with the 
                        requirements that apply to the Secretary under 
                        this section; and
                            ``(ii) to use the information only for the 
                        purposes for which it was shared with the 
                        agencies.
            ``(5) The Secretary may not provide any vessel-specific or 
        aggregate vessel information from a fishery that is collected 
        for monitoring and enforcement purposes to any person for the 
        purposes of coastal and marine spatial planning under Executive 
        Order 13547, unless the Secretary determines that providing 
        such information is important for maintaining or enhancing 
        national security or for ensuring fishermen continued access to 
        fishing grounds.''.
            (2) Confidential information defined.--Section 3 (16 U.S.C. 
        1802) is further amended by inserting after paragraph (4) the 
        following:
            ``(4a) The term `confidential information' means--
                    ``(A) trade secrets;
                    ``(B) proprietary information;
                    ``(C) observer information; and
                    ``(D) commercial or financial information the 
                disclosure of which is likely to result in harm to the 
                competitive position of the person that submitted the 
                information to the Secretary.''.
    (d) Increased Data Collection and Actions To Address Data-Poor 
Fisheries.--Section 404 (16 U.S.C. 1881c) is amended by adding at the 
end the following:
    ``(e) Use of the Asset Forfeiture Fund for Fishery Independent Data 
Collection.--
            ``(1) In general.--
                    ``(A) The Secretary, subject to appropriations, may 
                obligate for data collection purposes in accordance 
                with prioritizations under paragraph (3) a portion of 
                amounts received by the United States as fisheries 
                enforcement penalties.
                    ``(B) Amounts may be obligated under this paragraph 
                only in the fishery management region with respect to 
                which they are collected.
            ``(2) Included purposes.--The purposes referred to in 
        paragraph (1) include--
                    ``(A) the use of State personnel and resources, 
                including fishery survey vessels owned and maintained 
                by States to survey or assess data-poor fisheries for 
                which fishery management plans are in effect under this 
                Act; and
                    ``(B) cooperative research activities authorized 
                under section 318 to improve or enhance the fishery 
                independent data used in fishery stock assessments.
            ``(3) Data-poor fisheries priority lists.--Each Council 
        shall--
                    ``(A) identify those fisheries in its region 
                considered to be data-poor fisheries;
                    ``(B) prioritize those fisheries based on the need 
                of each fishery for up-to-date information; and
                    ``(C) provide those priorities to the Secretary.
            ``(4) Definitions.--In this subsection:
                    ``(A) The term `data-poor fishery' means a 
                fishery--
                            ``(i) that has not been surveyed in the 
                        preceding 5-year period;
                            ``(ii) for which a fishery stock assessment 
                        has not been performed within the preceding 5-
                        year period; or
                            ``(iii) for which limited information on 
                        the status of the fishery is available for 
                        management purposes.
                    ``(B) The term `fisheries enforcement penalties' 
                means any fine or penalty imposed, or proceeds of any 
                property seized, for a violation of this Act or of any 
                other marine resource law enforced by the Secretary.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary for each fiscal year to 
        carry out this subsection up to 80 percent of the fisheries 
        enforcement penalties collected during the preceding fiscal 
        year.''.

SEC. 11. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

    Section 318 (16 U.S.C. 1867) is amended--
            (1) in subsection (a), by inserting ``(1)'' before the 
        first sentence, and by adding at the end the following:
    ``(2) Within one year after the date of enactment of the 
Strengthening Fishing Communities and Increasing Flexibility in 
Fisheries Management Act, and after consultation with the Councils, the 
Secretary shall publish a plan for implementing and conducting the 
program established in paragraph (1). Such plan shall identify and 
describe critical regional fishery management and research needs, 
possible projects that may address those needs, and estimated costs for 
such projects. The plan shall be revised and updated every 5 years, and 
updated plans shall include a brief description of projects that were 
funded in the prior 5-year period and the research and management needs 
that were addressed by those projects.''; and
            (2) in subsection (c)--
                    (A) in the heading, by striking ``Funding'' and 
                inserting ``Priorities''; and
                    (B) in paragraph (1), by striking all after 
                ``including'' and inserting an em dash, followed on the 
                next line by the following:
                    ``(A) the use of fishing vessels or acoustic or 
                other marine technology;
                    ``(B) expanding the use of electronic catch 
                reporting programs and technology; and
                    ``(C) improving monitoring and observer coverage 
                through the expanded use of electronic monitoring 
                devices.''.

SEC. 12. COUNCIL JURISDICTION FOR OVERLAPPING FISHERIES.

    Section 302(a)(1) (16 U.S.C. 1852(a)) is amended--
            (1) in subparagraph (A), in the second sentence--
                    (A) by striking ``18'' and inserting ``19''; and
                    (B) by inserting before the period at the end ``and 
                a liaison who is a member of the Mid-Atlantic Fishery 
                Management Council to represent the interests of 
                fisheries under the jurisdiction of such Council''; and
            (2) in subparagraph (B), in the second sentence--
                    (A) by striking ``21'' and inserting ``22''; and
                    (B) by inserting before the period at the end ``and 
                a liaison who is a member of the New England Fishery 
                Management Council to represent the interests of 
                fisheries under the jurisdiction of such Council''.

SEC. 13. GULF OF MEXICO FISHERIES COOPERATIVE RESEARCH AND RED SNAPPER 
              MANAGEMENT.

    (a) Repeal.--Section 407 (16 U.S.C. 1883), and the item relating to 
such section in the table of contents in the first section, are 
repealed.
    (b) Reporting and Data Collection Program.--The Secretary of 
Commerce shall--
            (1) in conjunction with the States, the Gulf of Mexico 
        Fishery Management Council, and the recreational fishing 
        sectors, develop and implement a real-time reporting and data 
        collection program for the Gulf of Mexico red snapper fishery 
        using available technology; and
            (2) make implementation of this subsection a priority for 
        funds received by the Secretary and allocated to this region 
        under section 2 of the Act of August 11, 1939 (commonly known 
        as the ``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3).
    (c) Fisheries Cooperative Research Program.--The Secretary of 
Commerce--
            (1) shall, in conjunction with the States, the Gulf States 
        Marine Fisheries Commission and the Atlantic States Marine 
        Fisheries Commission, the Gulf of Mexico and South Atlantic 
        Fishery Management Councils, and the commercial, charter, and 
        recreational fishing sectors, develop and implement a 
        cooperative research program authorized under section 318 for 
        the fisheries of the Gulf of Mexico and South Atlantic regions, 
        giving priority to those fisheries that are considered data-
        poor; and
            (2) may, subject to the availability of appropriations, use 
        funds received by the Secretary under section 2 of the Act of 
        August 11, 1939 (commonly known as the ``Saltonstall-Kennedy 
        Act'') (15 U.S.C. 713c-3) to implement this subsection.
    (d) Stock Surveys and Stock Assessments.--The Secretary of 
Commerce, acting through the National Marine Fisheries Service Regional 
Administrator of the Southeast Regional Office, shall for purposes of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.)--
            (1) develop a schedule of stock surveys and stock 
        assessments for the Gulf of Mexico Region and the South 
        Atlantic Region for the 5-year period beginning on the date of 
        the enactment of this Act and for every 5-year period 
        thereafter;
            (2) direct the Southeast Science Center Director to 
        implement such schedule; and
            (3) in such development and implementation--
                    (A) give priority to those stocks that are 
                commercially or recreationally important; and
                    (B) ensure that each such important stock is 
                surveyed at least every 5 years.
    (e) Use of Fisheries Information in Stock Assessments.--The 
Southeast Science Center Director shall ensure that fisheries 
information made available through fisheries programs funded under 
Public Law 112-141 is incorporated as soon as possible into any 
fisheries stock assessments conducted after the date of the enactment 
of this Act.
    (f) State Fisheries Management in the Gulf of Mexico With Respect 
to Red Snapper.--Section 306(b) (16 U.S.C. 1856(b)) is amended by 
adding at the end the following:
    ``(4) Notwithstanding section 3(11), for the purposes of managing 
the recreational sector of the Gulf of Mexico red snapper fishery, the 
seaward boundary of a coastal State in the Gulf of Mexico is a line 9 
miles seaward from the baseline from which the territorial sea of the 
United States is measured.''.
    (g) Funding of Stock Assessments.--The Secretary of Commerce and 
the Secretary of the Interior, acting through the Bureau of Ocean 
Energy Management, shall enter into a cooperative agreement for the 
funding of stock assessments that are necessitated by any action by the 
Bureau with respect to offshore oil rigs in the Gulf of Mexico that 
adversely impacts red snapper.

SEC. 14. NORTH PACIFIC FISHERY MANAGEMENT CLARIFICATION.

    Section 306(a)(3)(C) (16 U.S.C. 1856(a)(3)(C)) is amended--
            (1) by striking ``was no'' and inserting ``is no''; and
            (2) by striking ``on August 1, 1996''.

SEC. 15. ENSURING CONSISTENT MANAGEMENT FOR FISHERIES THROUGHOUT THEIR 
              RANGE.

    (a) In General.--The Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) is amended by inserting after 
section 4 the following:

``SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT UNDER CERTAIN OTHER 
              FEDERAL LAWS.

    ``(a) National Marine Sanctuaries Act and Antiquities Act of 
1906.--In any case of a conflict between this Act and the National 
Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) or the Antiquities Act 
of 1906 (16 U.S.C. 431 et seq.), this Act shall control.
    ``(b) Fisheries Restrictions Under Endangered Species Act of 
1973.--To ensure transparency and consistent management of fisheries 
throughout their range, any restriction on the management of fish in 
the exclusive economic zone that is necessary to implement a recovery 
plan under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
shall be implemented--
            ``(1) using authority under this Act; and
            ``(2) in accordance with processes and time schedules 
        required under this Act.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by inserting after the item relating to section 3 the 
following:

``Sec. 4. Authorization of appropriations.
``Sec. 5. Ensuring consistent fisheries management under certain other 
                            Federal laws.''.

SEC. 16. LIMITATION ON HARVEST IN NORTH PACIFIC DIRECTED POLLOCK 
              FISHERY.

    Section 210(e)(1) of the American Fisheries Act (title II of 
division C of Public Law 105-277; 16 U.S.C. 1851 note) is amended to 
read as follows:
            ``(1) Harvesting.--
                    ``(A) Limitation.--No particular individual, 
                corporation, or other entity may harvest, through a 
                fishery cooperative or otherwise, a percentage of the 
                pollock available to be harvested in the directed 
                pollock fishery that exceeds the percentage established 
                for purposes of this paragraph by the North Pacific 
                Council.
                    ``(B) Maximum percentage.--The percentage 
                established by the North Pacific Council shall not 
                exceed 24 percent of the pollock available to be 
                harvested in the directed pollock fishery.''.

SEC. 17. RECREATIONAL FISHING DATA.

    (a) Recreational Data Collection.--Section 401(g) (16 U.S.C. 
1881(g)) is amended by redesignating paragraph (4) as paragraph (5), 
and by inserting after paragraph (3) the following:
            ``(4) Federal-state partnerships.--
                    ``(A) Establishment.--The Secretary shall establish 
                partnerships with States to develop best practices for 
                implementation of State programs established pursuant 
                to paragraph (2).
                    ``(B) Guidance.--The Secretary shall develop 
                guidance, in cooperation with the States, that details 
                best practices for administering State programs 
                pursuant to paragraph (2), and provide such guidance to 
                the States.
                    ``(C) Biennial report.--The Secretary shall submit 
                to the Congress and publish biennial reports that 
                include--
                            ``(i) the estimated accuracy of the 
                        registry program established under paragraph 
                        (1) and of State programs that are exempted 
                        under paragraph (2);
                            ``(ii) priorities for improving 
                        recreational fishing data collection; and
                            ``(iii) an explanation of any use of 
                        information collected by such State programs 
                        and by the Secretary, including a description 
                        of any consideration given to the information 
                        by the Secretary.
                    ``(D) States grant program.--The Secretary shall 
                make grants to States to improve implementation of 
                State programs consistent with this subsection. The 
                Secretary shall prioritize such grants based on the 
                ability of the grant to improve the quality and 
                accuracy of such programs.''.
    (b) Study on Recreational Fisheries Data.--Section 401(g) (16 
U.S.C. 1881(g)) is further amended by adding at the end the following:
            ``(6) Study on program implementation.--
                    ``(A) In general.--Not later than 60 days after the 
                enactment of this paragraph, the Secretary shall enter 
                into an agreement with the National Research Council of 
                the National Academy of Sciences to study the 
                implementation of the programs described in this 
                section. The study shall--
                            ``(i) provide an updated assessment of 
                        recreational survey methods established or 
                        improved since the publication of the Council's 
                        report `Review of Recreational Fisheries Survey 
                        Methods (2006)';
                            ``(ii) evaluate the extent to which the 
                        recommendations made in that report were 
                        implemented pursuant to paragraph (3)(B); and
                            ``(iii) examine any limitations of the 
                        Marine Recreational Fishery Statistics Survey 
                        and the Marine Recreational Information Program 
                        established under paragraph (1).
                    ``(B) Report.--Not later than 1 year after entering 
                into an agreement under subparagraph (A), the Secretary 
                shall submit a report to Congress on the results of the 
                study under subparagraph (A).''.

SEC. 18. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF 
              MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN.

    (a) In General.--Title IV (16 U.S.C. 1881 et seq.) is amended by 
adding at the end the following:

``SEC. 409. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF 
              MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN.

    ``(a) In General.--The Gulf States Marine Fisheries Commission 
shall conduct all fishery stock assessments used for management 
purposes by the Gulf of Mexico Fishery Management Council for the 
fisheries managed under the Council's Reef Fish Management Plan.
    ``(b) Use of Other Information and Assets.--
            ``(1) In general.--Such fishery assessments shall--
                    ``(A) incorporate fisheries survey information 
                collected by university researchers; and
                    ``(B) to the extent practicable, use State, 
                university, and private assets to conduct fisheries 
                surveys.
            ``(2) Surveys at artificial reefs.--Any such fishery stock 
        assessment conducted after the date of the enactment of the 
        Strengthening Fishing Communities and Increasing Flexibility in 
        Fisheries Management Act shall incorporate fishery surveys 
        conducted, and other relevant fisheries information collected, 
        on and around natural and artificial reefs.
    ``(c) Constituent and Stakeholder Participation.--Each such fishery 
assessment shall--
            ``(1) emphasize constituent and stakeholder participation 
        in the development of the assessment;
            ``(2) contain all of the raw data used in the assessment 
        and a description of the methods used to collect that data; and
            ``(3) employ an assessment process that is transparent and 
        includes--
                    ``(A) includes a rigorous and independent 
                scientific review of the completed fishery stock 
                assessment; and
                    ``(B) a panel of independent experts to review the 
                data and assessment and make recommendations on the 
                most appropriate values of critical population and 
                management quantities.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by adding at the end of the items relating to title IV the 
following:

``Sec. 408. Deep sea coral research and technology program.
``Sec. 409. Stock assessments used for fisheries managed under Gulf of 
                            Mexico Council's Reef Fish Management 
                            Plan.''.

SEC. 19. ESTIMATION OF COST OF RECOVERY FROM FISHERY RESOURCE DISASTER.

    Section 312(a)(1) (16 U.S.C. 1861a(1)) is amended--
            (1) by inserting ``(A)'' after ``(1)'';
            (2) by redesignating existing subparagraphs (A) through (C) 
        as clauses (i) through (iii), respectively, of subparagraph (A) 
        (as designated by the amendment made by paragraph (1)); and
            (3) by adding at the end the following:
    ``(B) The Secretary shall publish the estimated cost of recovery 
from a fishery resource disaster no later than 30 days after the 
Secretary makes the determination under subparagraph (A) with respect 
to such disaster.''.

SEC. 20. DEADLINE FOR ACTION ON REQUEST BY GOVERNOR FOR DETERMINATION 
              REGARDING FISHERY RESOURCE DISASTER.

    Section 312(a) (16 U.S.C. 1861a(a)) is amended by redesignating 
paragraphs (2) through (4) as paragraphs (3) through (5), and by 
inserting after paragraph (1) the following:
    ``(2) The Secretary shall make a decision regarding a request from 
a Governor under paragraph (1) within 90 days after receiving an 
estimate of the economic impact of the fishery resource disaster from 
the entity requesting the relief.''.

SEC. 21. PROHIBITION ON CONSIDERING RED SNAPPER KILLED DURING REMOVAL 
              OF OIL RIGS.

    Any red snapper that are killed during the removal of any offshore 
oil rig in the Gulf of Mexico shall not be considered in determining 
under the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) whether the total allowable catch for red snapper 
has been reached.

SEC. 22. PROHIBITION ON CONSIDERING FISH SEIZED FROM FOREIGN FISHING.

    Any fish that are seized from a foreign vessel engaged in illegal 
fishing activities in the Exclusive Economic Zone shall not be 
considered in determining under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) the total 
allowable catch for that fishery.

SEC. 23. SUBSISTENCE FISHING.

    (a) Definition.--Section 3 (16 U.S.C. 1802) is amended by inserting 
after paragraph (43) the following:
            ``(43a)(A) The term `subsistence fishing' means fishing in 
        which the fish harvested are intended for customary and 
        traditional uses, including for direct personal or family 
        consumption as food or clothing; for the making or selling of 
        handicraft articles out of nonedible byproducts taken for 
        personal or family consumption, for barter, or sharing for 
        personal or family consumption; and for customary trade.
            ``(B) In this paragraph--
                    ``(i) the term `family' means all persons related 
                by blood, marriage, or adoption, or any person living 
                within the household on a permanent basis; and
                    ``(ii) the term `barter' means the exchange of a 
                fish or fish part--
                            ``(I) for another fish or fish part; or
                            ``(II) for other food or for nonedible 
                        items other than money if the exchange is of a 
                        limited and noncommercial nature.''.
    (b) Council Seat.--Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is 
amended--
            (1) in subparagraph (A), by striking ``or recreational'' 
        and inserting ``, recreational, or subsistence fishing''; and
            (2) in subparagraph (C), in the second sentence, by 
        inserting ``, and in the case of the Governor of Alaska with 
        the subsistence fishing interests of the State,'' after 
        ``interests of the State''.
    (c) Purpose.--Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is amended by 
striking ``and recreational'' and inserting ``, recreational, and 
subsistence''.

SEC. 24. INTER-SECTOR TRADING OF COMMERCIAL CATCH SHARE ALLOCATIONS IN 
              THE GULF OF MEXICO.

    Section 301 (16 U.S.C. 1851) is amended by adding at the end the 
following:
    ``(c) Inter-Sector Trading of Commercial Catch Share Allocations in 
the Gulf of Mexico.--Notwithstanding any other provision of this Act, 
any commercial fishing catch share allocation in a fishery in the Gulf 
of Mexico may only be traded by sale or lease within the same 
commercial fishing sector.''.

SEC. 25. ARCTIC COMMUNITY DEVELOPMENT QUOTA.

    Section 313 (16 U.S.C. 1862) is amended by adding at the end the 
following:
    ``(k) Arctic Community Development Quota.--If the North Pacific 
Fishery Management Council issues a fishery management plan for the 
exclusive economic zone in the Arctic Ocean, or an amendment to the 
Fishery Management Plan for Fish Resources of the Arctic Management 
Area issued by such Council, that makes available to commercial 
fishing, and establishes a sustainable harvest level, for any part of 
such zone, the Council shall set aside not less than 10 percent of the 
total allowable catch therein as a community development quota for 
coastal villages located north and east of the Bering Strait.''.

SEC. 26. PREFERENCE FOR STUDENTS STUDYING WATER RESOURCE ISSUES.

    Section 402(e) (16 U.S.C. 1881a(e)) is amended by adding at the end 
the following:
    ``(4) The Secretary shall require that in the hiring of individuals 
to collect information regarding marine recreational fishing under this 
subsection, preference shall be given to individuals who are students 
studying water resource issues at an institution of higher 
education.''.

SEC. 27. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC AND GULF OF 
              MEXICO MIXED-USE FISHERIES.

    (a) Study of Allocations in Mixed-use Fisheries.--Not later than 60 
days after the date of the enactment of this Act, the Secretary of 
Commerce shall enter into an arrangement with the National Academy of 
Sciences to conduct a study of the South Atlantic and Gulf of Mexico 
mixed-use fisheries--
            (1) to provide guidance to Regional Fishery Management 
        Councils established under section 302 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1852) on 
        criteria that could be used for allocating fishing privileges, 
        including consideration of the conservation and socioeconomic 
        benefits of the commercial, recreational, and charter 
        components of a fishery, in the preparation of a fishery 
        management plan under that Act;
            (2) to identify sources of information that could 
        reasonably support the use of such criteria in allocation 
        decisions; and
            (3) to develop procedures for allocation reviews and 
        potential adjustments in allocations based on the guidelines 
        and requirements established by this section.
    (b) Process for Allocation Review and Establishment.--The South 
Atlantic Fishery Management Council and the Gulf of Mexico Fishery 
Management Council shall--
            (1) within 2 years after the date of the enactment of this 
        Act, review the allocations of all mixed-use fisheries in the 
        Councils' respective jurisdictions; and
            (2) every 3 years thereafter, perform subsequent reviews of 
        such allocations; and
            (3) consider the conservation and socioeconomic benefits of 
        each sector in any allocation decisions for such fisheries.

SEC. 28. AUTHORIZATION OF APPROPRIATIONS.

    Section 4 (16 U.S.C. 1803) is amended--
            (1) by striking ``this Act'' and all that follows through 
        ``(7)'' and inserting ``this Act''; and
            (2) by striking ``fiscal year 2013'' and inserting ``each 
        of fiscal years 2015 through 2019''.
                                                  Union Calendar No. 82

114th CONGRESS

  1st Session

                               H. R. 1335

                          [Report No. 114-116]

_______________________________________________________________________

                                 A BILL

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
     to provide flexibility for fishery managers and stability for 
                   fishermen, and for other purposes.

_______________________________________________________________________

                              May 15, 2015

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed